DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 3, 5 and 14-16 (and all claims dependent therefrom, 6) are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 3 and 5 have text found within parenthesis. It is unclear whether this text is meant to be an example or to further limit the claim.
For purposes of examination, the text in parenthesis was considered limiting.
Claim 5 at lines 2 and 4 refers to “the light emitting element”. Claim 1, from which claim 5 depends, presents “light emitting elements” but does not single out a single light emitting element. It is therefore unclear to which element “the” is referring to, making the scope of the claim unclear.
For purposes of examination, the claim is understood to be referring to “the light emitting elements” as is best understood from the specification.
Regarding claims 14-16, these claims require “a fifth” and “a sixth lens”. When using ordinal designations, it is necessary to start with an initial ordinal designation such as "first" and introduce further elements in numerical order from that point. Failure to adhere to such an ordering creates the implication of additional elements without strictly indicating the presence thereof. Due to this implication, it is unclear whether or not the claim actually requires the presence of the implied features. As such, these claims are deemed indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
For the remainder of this action, these claims will be interpreted as requiring no elements other than those explicitly stated.
Claim 14 at line 7 refers to “the lens”. Claim 14 earlier, presents “one or more lenses” but does not single out a single lens element. It is therefore unclear to which lens “the” is referring to, making the scope of the claim unclear.
For purposes of examination, the claim is understood to be referring to “the one or more lenses” as is best understood from the specification.
Claim Interpretation
The Examiner notes the Applicant considers “a lens” to be both a collection of lens elements (see fig.4 #71 considered first lens) and also a single lens element amongst a collection (see fig.16 #81 is single lens amongst multiple #81s). Therefore, the Examiner will consider the “a lens” term in a similar manner.
It is also noted that “flat lens” is shown as a flat portion (fig.7 #71) of an optical element. The Examiner considers “flat lens” in a similar manner.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-11, 14-17 and 19-20 is/are rejected under 35 U.S.C. 102a1/2 as being anticipated by Bloemen et al. (US 2020/0194973).
With respect to claim 1, Bloemen discloses a light emitting device (fig.8), comprising: a substrate (fig.8 #101); a plurality of light emitting elements (fig.8 #130s) provided on a first surface side (fig.8 upper) of the substrate; one or more front lenses (fig.8 #140, can be a single lens or multiple lenses as each section directs light in a different manner, see fig.9) which are provided on a second surface side (fig.8 lower) of the substrate and on which light emitted from the plurality of light emitting elements is incident (fig.8 following dotted lines); and one or more rear lenses (fig.8 #143s and/or flat spaces on sides and in-between forming flat lenses) which are provided on a film (fig.8 #145) provided on a front surface of the first lens and on which light having passed through the first lens is incident (fig.8 following dotted lines), wherein the front lens includes a first lens and a second lens (fig.8 as noted above- can be multiple lenses as each section directs light in a different manner such that a first could be central and second lens surrounding adjacent on either side thereof), and a part of a front surface of the second lens constitutes a front surface of the first lens (as the lenses share the same base as in Applicant fig.4), or the rear lens includes a third lens and a fourth lens (fig.8 #143s as 3rd and flat spaces on sides and in-between forming flat lenses as 4th), and a part of a front surface of the fourth lens constitutes a front surface of the third lens (as the lenses share the same base as in Applicant fig.4).
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With respect to claim 2, Bloemen discloses the first lens is provided in the second lens in plan view (as noted above, when first lens is central part of #140 and 2nd lens is made of the adjacent portions on right/left of center, the 1st lens would be in the 2nd in plan view as it is within the 2nd lens), or the third lens is provided in the fourth lens in plan view.
With respect to claim 3, Bloemen discloses the light emitting element and the first or third lens have a correspondence ratio of 1:1 (fig.8 each #143 corresponds to a light emitter), and the light emitting element and the second or fourth lens have a correspondence ratio of N:1 (N is an integer of 2 or more) (as fourth lens is the flat spaces considered as a single element, it is 5:1).
With respect to claim 4, Bloemen discloses the front lens includes the first lens and the second lens (as outlined above), and the rear lens includes the third lens and the fourth lens (as outlined above).
With respect to claim 5, Bloemen discloses the front lens includes a lens having a correspondence ratio of Na: 1 (fig.8 when the 2nd lens considered the adjacent 2 parts on either side of center, 2 emitters align with the defined 2nd lens) with the light emitting element, and the rear lens includes a lens having a correspondence ratio of Nb: 1 with the light emitting element (Na and Nb are integers of 2 or more different from each other) (fig.8 as the fourth lens is the flat spaces considered a single element, it is 5:1).
With respect to claim 6, Bloemen discloses the value of Nb is larger than the value of Na (as outlined above, Nb is 5, Na is 2).
With respect to claim 7, Bloemen discloses the first, second, third, or fourth lens includes at least one of a convex lens, a concave lens, a flat lens, or a binary lens (at least #143 concave).
With respect to claim 8, Bloemen discloses the front lens is provided on the second surface of the substrate as a part of the substrate (fig.8 [0064]).
With respect to claim 9, Bloemen discloses the substrate is a semiconductor substrate containing gallium (Ga) and arsenic (As) ([0058]).
With respect to claim 10, Bloemen discloses light emitted from the plurality of light emitting elements passes through the substrate from the first surface to the second surface and enters the front lens (fig.8 following dotted lines).
With respect to claim 11, Bloemen discloses the first surface of the substrate is a front surface of the substrate, and the second surface of the substrate is a back surface of the substrate (fig.8, front can be first and back second as no detail regarding front/back stated).
With respect to claim 14, Bloemen discloses a light emitting device (fig.8), comprising: a substrate (fig.8 #101); a plurality of light emitting elements (fig.8 #130s) provided on a first surface side (fig.8 upper) of the substrate; and one or more lenses (fig.8 #140, can be a single lens or multiple lenses as each section directs light in a different manner, see fig.9; OR fig.8 #143s and/or flat spaces on sides and in-between forming flat lenses) which are provided on a second surface side (fig.8 lower) of the substrate and on which light emitted from the plurality of light emitting elements is incident (fig.8 following dotted lines), wherein the lens includes a fifth lens and a sixth lens (fig.8 as noted above- can be multiple lenses as each section directs light in a different manner such that a 5th could be central and 6th lens surrounding adjacent on either side thereof; OR fig.8 #143s as 5th and flat spaces on sides and in-between forming flat lenses as 6th), and a part of a front surface of the sixth lens constitutes a front surface of the fifth lens (as the lenses share the same base as in Applicant fig.4).
With respect to claim 15, Bloemen discloses the fifth and sixth lenses are provided on the second surface of the substrate as a part of the substrate (when made of #140 portions, [0064]).
With respect to claim 16, Bloemen discloses the fifth and sixth lenses are provided on a film provided on the second surface side of the substrate (when made of #143 portions, has film #145).
With respect to claim 17, Bloemen discloses a method for manufacturing a light emitting device, the method comprising: forming a plurality of light emitting elements (fig.8 #130s, [0058]) on a first surface side of a substrate (fig.8 upper); forming, on a second surface side (fig.8 lower) of the substrate, one or more front lenses (fig.8 #140, can be a single lens or multiple lenses as each section directs light in a different manner, see fig.9) on which light emitted from the plurality of light emitting elements is incident (fig.8 following dotted lines); and forming, on a film (fig.8 #145) provided on a front surface (fig.8 lower) of the front lens, one or more rear lenses (fig.8 #143s and/or flat spaces on sides and in-between forming flat lenses) on which light having passed through the front lens is incident (fig.8 following dotted lines), wherein the front lens includes a first lens and a second lens (fig.8 as noted above- can be multiple lenses as each section directs light in a different manner such that a first could be central and second lens surrounding adjacent on either side thereof), and is formed such that a part of a front surface of the second lens constitutes a front surface of the first lens (as the lenses share the same base as in Applicant fig.4), or the rear lens includes a third lens and a fourth lens (fig.8 #143s as 3rd and flat spaces on sides and in-between forming flat lenses as 4th), and is formed such that a part of a front surface of the fourth lens constitutes a front surface of the third lens (as the lenses share the same base as in Applicant fig.4).
With respect to claim 19, Bloemen discloses the first lens is formed simultaneously with the second lens, or the third lens is formed simultaneously with the fourth lens (as the process of forming the concave portions necessarily also forms the flat portions, [0064]).
With respect to claim 20, Bloemen discloses the front lens is formed as a part of the substrate by processing the second surface of the substrate ([0064]).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bloemen.
With respect to claim 18, Bloemen teaches the method outlined above, including the first/second lens to be formed via etching the substrate ([0064]) but does not specify the first lens is formed after formation of the second lens, or the third lens is formed after formation of the fourth lens. Bloemen does teach the central 1st lens is formed by a deep extensive etch while the adjacent second lens (parts formed on either side of center) is formed by a more shallow sloped etch. The Examiner takes Official Notice that it is known in the art to anisotropically etch GaAs. Therefore, it would have been obvious to one of ordinary skill in the art before the filing of the instant application to adapt the method of Bloemen to form the 2nd lens before the 1st lens in order to use a well-known anisotropic etch of the GaAs material to create the more shallow 2nd lens faster than the deeper more extensive 1st lens to improve manufacturing times and prevent over etching the shallower 2nd lens.
Claim(s) 12 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bloemen in view of Lyon et al. (US 2020/0251882).
With respect to claims 12 and 13, Bloemen teaches the device outlined above, but does not teach (claim 12) a drive device that is provided on the first surface side of the substrate via the plurality of light emitting elements and drives the plurality of light emitting elements OR (claim 13) the drive device drives the plurality of light emitting elements for each light emitting element. Lyon teaches a related VCSEL device with integrated lens (fig.1a) which includes (claim 12) a drive device (fig.1a #32) that is provided on the first surface side (side of emitters) of a substrate (fig.1a #22) via the plurality of light emitting elements (contacts #34) and drives the plurality of light emitting elements ([0040]) AND (claim 13) the drive device drives the plurality of light emitting elements for each light emitting element (connections to all elements). It would have been obvious to one of ordinary skill in the art before the filing of the instant application to adapt the device of Bloemen to make use of the driver substrate configuration outlined by Lyon in order to provide control of the lasers in a compact manner.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 8009713 teaches anisotropic etching of GaAs.
US 2020/0194975, 2020/0303896 and 2023/0067340 are found to teach devices similar to claims 1 and 14.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TOD THOMAS VAN ROY whose telephone number is (571)272-8447. The examiner can normally be reached M-F: 8AM-430PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, MinSun Harvey can be reached at 571-272-1835. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TOD T VAN ROY/Primary Examiner, Art Unit 2828
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